Developer Terms of Use

Definition of Terms

CGTOOLS = Online distribution platform for Computer Graphic software extensions / this website
DEVELOPER = Natural person, at least 18 years of age, with a developer account on this website
CONTENT = Any type of content submitted to this website by the DEVELOPER, including, but not limited to, any information, data, media and text, comments related to products and profiles.

By using the services provided by CGTOOLS, the DEVELOPER expresses acceptance of the Terms of Use and agrees to be bound by the terms and conditions as described hereunder.

All prices, revenues, transactions or monetary specifications in general are made in the currency of USD (US-Dollar), regardless of the DEVELOPER’s provenience.

  1. Ownership
    The DEVELOPER is the owner of copyrights and all other rights connected to the CONTENT.

  2. Password / Security
    Upon completing the registration process, the DEVELOPER will be designated an account with a password. The DEVELOPER is responsible for maintaining the confidentiality of the password and/or account, and is fully responsible for all activities that occur under this password and/or account. The DEVELOPER agrees to notify CGTOOLS of any unauthorized use of the password and/or account or any other breach of security, and ensures to log out from the account at the end of each session. CGTOOLS cannot and will not be liable for any loss or damage arising from the failure to comply with this security measure.

  3. Confidential Information
    As part of the DEVELOPER’s collaboration with CGTOOLS, the DEVELOPER may have access to certain reports, records, and other business information available only to DEVELOPERS. Such information is the confidential information of CGTOOLS and should be treated as confidential. The DEVELOPER should not disclose such confidential information and should use reasonable physical and electronic security measures to safeguard such confidential information.

  4. Representations and Warranties
    The DEVELOPER represents and warrants that...
    1. the CONTENT is the DEVELOPER’s original work, and contains no copyrighted material of any kind that the DEVELOPER is not the exclusive owner of.
    2. all information entered by the DEVELOPER on this website is correct, complete and current. The DEVELOPER will promptly update all information to keep it correct, complete and current.
    3. the DEVELOPER's account will not be abused for private advertising nor for advertising other products, websites, companies etc. Product pages will only hold information or media that is relevant to the corresponding product and the DEVELOPER's profile will only hold information related to the DEVELOPER.
    4. all email addresses entered by the DEVELOPER are functioning and capable of receiving emails sent from this website’s domain. CGTOOLS is not responsible for the loss of emails or notifictaions due to the DEVELOPER’s unreachability.
    5. the CONTENT does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights.
    6. the CONTENT does not and will not violate any law, statute, ordinance or regulation.
    7. the CONTENT is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind.
    8. the CONTENT does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data.
    9. the DEVELOPER has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement.
  5. Payment
    The DEVELOPER authorizes CGTOOLS to gather and distribute revenue shares. With each completed purchase a certain percentage (read section 6) of the product’s net price will be credited to the DEVELOPER’s CGTOOLS account. Within the third week of the following month (after the refund period), the cumulated amount of all of the DEVELOPER’s products will be transferred to the DEVELOPER’s PayPal account. At all times the DEVELOPER must have a valid Paypal account to collaborate with CGTOOLS. If no valid PayPal account has been specified or the DEVELOPER’s PayPal account is inactive or for any reason not reachable, the DEVELOPER’s share cannot be transferred and remains with CGTOOLS. In this case it is the DEVELOPER’s obligation to contact CGTOOLS and request a re-transfer. CGTOOLS will not compensate for any PayPal fees that may arise during the transaction.

  6. Share Calculation
    With each completed purchase 70% of the net price will be credited to the DEVELOPER’s CGTOOLS account. The DEVELOPER may be eligible to temporary exclusive share bonuses, based on special written agreements between CGTOOLS and the DEVELOPER (email messages shall be deemed written agreements).

  7. Pricing
    Prices can be changed by the DEVELOPER at any time.
    Products are either free or start at the minimum price of $4.99.

  8. Product Updates
    All terms and guidelines stated in this agreement apply to product updates as well. At any time, The DEVELOPER can change the upgrade pricing from previous versions to the newest version. It is the DEVELOPER's own responsibility to inform their customers about product updates. For that purpose, CGTOOLS offers a notification system that allows DEVELOPERs to send out emails to all previous buyers who have subscribed to notifications of the corresponding product. CGTOOLS cannot guarantee that notifications reach all customers.

  9. Altering the CONTENT
    CGTOOLS reserves the right to change or delete all or parts of the data or media submitted by the DEVELOPER in order to make it conform with section 4 or to meet the website’s standards. This may include entitling, categorizing, tagging, describing, illustrating or in any other way adjusting the product’s appearance. CGTOOLS will not alter the product itself (product files) without the DEVELOPER’s prior agreement. If CGTOOLS makes an error in good faith, and consequently exceeds the license rights, the DEVELOPER’s sole and exclusive remedy will be for CGTOOLS to take all reasonable steps to promptly correct the error as soon as CGTOOLS becomes aware of it.

  10. Promotional Purposes
    CGTOOLS reserves the right, though not the obligation, to occasionally use products for promotional purposes such as raffles, competitions and/or give-aways. If the DEVELOPER does not reach out to CGTOOLS and explicitly expresses their disagreement, CGTOOLS will assume that the DEVELOPER accepts the promotional use of their product(s).

  11. Service Modifications
    CGTOOLS reserves the right to, temporarily or permanently, modify or discontinue this website, in whole or in parts, with or without prior notice, at any time. The DEVELOPER agrees that CGTOOLS shall not be liable for any loss of profit that may arise due to the modification, suspension or discontinuance of this website.

  12. Product Deletion
    Once a product has been sold, it will have to remain available for re-downloading to buyers. This means that products cannot be completely deleted after they have been purchased once. However, the DEVELOPER can deactivate a product page, which will completely hide it from the website, so that the product cannot be obtained anymore.

  13. Developer Account Deletion
    As explained in section 12, products cannot be completely deleted after they have been purchased. Products are inseparable connected to DEVELOPER accounts, thus, those accounts cannot be completely deleted, either. However, deactivating all product pages effectively deactivates the whole DEVELOPER account, because a DEVELOPER is only mentioned on (and can only be contacted through) product pages.
    CGTOOLS shall have the right, though not the obligation, to terminate or temporarily deactivate the DEVELOPER’s account and to delete or temporarily exclude single, all or selected products as parts thereof at any time and without notice if any CONTENT submitted by the DEVELOPER violates the representations and warranties of section 14, generates unexpected technical issues or problems or is otherwise objectionable.
    The DEVELOPER understands that accounts that don’t have any products assigned for more than one month may be deleted.

  14. Disclaimer of Warrenties
    1. CGTOOLS does not warrant non-stop availability. There may be times when the website is offline due to maintenance, server issues or other reasons.
    2. CGTOOLS will do its best to keep its service secure, uninterrupted, timely, or error-free, but cannot and will not guarantee any of these conditions.
    3. CGTOOLS does not warrant that data acquired from the use of the service will be accurate or reliable.
    4. CGTOOLS does not warrant that its service satisfactorily meets the DEVELOPER’s requirements.
    5. CGTOOLS will not interfere with product related concerns between the DEVELOPER and the customer (including, but not limited to, support requests, problems and questions by customers).
    6. CGTOOLS shall not be responsible for any loss of data or damage to the DEVELOPER’s computer that results from any material downloaded or otherwise obtained through the use of this website. The DEVELOPER interacts with this website at their own discretion and risk and solely is responsible for the backup of all data and files connected to the DEVELOPER account and its assigned products.
    7. CGTOOLS shall not be responsible or liable for the deletion or the failure to store any CONTENT maintained, published or transmitted by the DEVELOPER.
    8. CGTOOLS is providing its service on an “as is” and/or “as available” basis to the DEVELOPER. CGTOOLS disclaims all warranties of any kind, whether expressly or implied, including, but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. The DEVELOPER uses the service at their own risk.
  15. Limitation of Liability
    The DEVELOPER agrees that in no event will CGTOOLS be liable for any direct, indirect, incidental, special, consequential or exemplary damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if CGTOOLS has been advised of the possibility of such damages, that result from the use or the inability to use this website or any other matter relating to the service.

  16. Governing Law
    These Terms Of Use are governed by German law, excluding conflict of law principles. Any action or proceeding arising out of or related to Terms Of Use must be brought to The Federal Court of Justice of Germany (Bundesgerichtshof), and both parties irrevocably submit to the exclusive jurisdiction of this court. All notices, requests and other communications under this agreement must be in writing (email messages shall be deemed writings).

  17. Terms of Use Amendment
    CGTOOLS is free to change these Terms Of Use with or without prior notice at any time. It is the DEVELOPER’s responsibility to revisit this very web page regularly to stay informed about changes to the terms.

Last updated: Saturday 1st August, 2015

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